[Federal Register Volume 72, Number 125 (Friday, June 29, 2007)]
[Rules and Regulations]
[Pages 35663-35666]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-12645]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2002-0043; FRL-8131-3]


Pesticide Tolerance Nomenclature Changes; Technical Amendment

AGENCY: Environmental Protection Agency (EPA).

[[Page 35664]]


ACTION: Final rule; technical amendment.

-----------------------------------------------------------------------

SUMMARY: This document removes duplicate entries in terminology of 
certain commodity terms listed under 40 CFR part 180, subpart C. EPA is 
taking this action to establish a uniform listing of commodity terms.

DATES: This Final Rule is effective on June 29, 2007.

ADDRESSES: EPA has established a docket for this action under docket 
identification (ID) number EPA-HQ-OPP-2002-0043. All documents in the 
docket are listed in the index for the docket. Although listed in the 
index, some information is not publicly available, e.g., Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Certain other material, such as copyrighted 
material, is not placed on the Internet and will be publicly available 
only in hard copy form. Publicly available docket materials are 
available in the electronic docket at http://www.regulations.gov, or, 
if only available in hard copy, at the OPP Regulatory Public Docket in 
Rm. S-4400, One Potomac Yard (South Building), 2777 S. Crystal Drive, 
Arlington, VA. The Docket Facility is open from 8:30 a.m. to 4 p.m., 
Monday through Friday, excluding legal holidays. The Docket telephone 
number is (703) 305-5805.

FOR FURTHER INFORMATION CONTACT: Stephen Schaible, Registration 
Division (7505P), Office of Pesticide Programs, Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; telephone number: (703) 308-9362; fax number: (703) 305-6920; e-
mail address: [email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    You may be potentially affected by this action if you are an 
agricultural producer, food manufacturer, or pesticide manufacturer. 
Potentially affected entities may include, but are not limited to:
     Crop production (NAICS code 111), e.g., agricultural 
workers; greenhouse, nursery, and floriculture workers; farmers.
     Animal production (NAICS code 112), e.g., cattle ranchers 
and farmers, dairy cattle farmers, livestock farmers.
     Food manufacturer (NAICS code 311), e.g., agricultural 
workers; farmers; greenhouse, nursery, and floriculture workers; 
ranchers; pesticide applicators.
     Pesticide manufacturer (NAICS code 32532), e.g., 
agricultural workers; commercial applicators; farmers; greenhouse, 
nursery, and floriculture workers; residential users.
    This listing is not intended to be exhaustive, but rather provides 
a guide for readers regarding entities likely to be affected by this 
action. Other types of entities not listed in this unit could also be 
affected. The North American Industrial Classification System (NAICS) 
codes have been provided to assist you and others in determining 
whether this action might apply to certain entities. If you have any 
questions regarding the applicability of this action to a particular 
entity, consult the person listed under FOR FURTHER INFORMATION 
CONTACT.

B. How Can I Access Electronic Copies of this Document?

    In addition to accessing an electronic copy of this Federal 
Register document through the electronic docket at http://www.regulations.gov, you may access this ``Federal Register'' document 
electronically through the EPA Internet under the ``Federal Register'' 
listings at http://www.epa.gov/fedrgstr. You may also access a 
frequently updated electronic version of 40 CFR part 180 through the 
Government Printing Office's pilot e-CFR site at http://www.gpoaccess.gov/ecfr.

II. Background

A. What Action is the Agency Taking?

    In this rule, EPA is removing certain duplicate tolerance entries 
listed under 40 CFR part 180, subpart C, as follows:
    1. In Sec.  180.106, in the table to paragraph (a), EPA is removing 
one of the two duplicate entries for ``Rye, forage.''
    2. In Sec.  180.111, in the table to paragraph (a)(1), EPA is 
removing the entry for ``Almond, shells'' at 50 ppm. A tolerance is 
established for the appropriate commodity term ``Almond, hulls'' at 50 
ppm.
    3. In Sec.  180.121, in the table to paragraph (e), EPA is removing 
one of the two duplicate entries for ``Peach.''
    4. In Sec.  180.163, in the table to paragraph (a), EPA is removing 
the entry for ``Hay, spearmint'' at 25 ppm. A tolerance is established 
for the appropriate commodity term ``Spearmint, tops'' at 25 ppm.
    5. In Sec.  180.220, in the table to paragraph (a)(1), EPA is 
removing one of the two duplicate entries for ``Wheat, straw.''
    6. In Sec.  180.213, in the table to paragraph (a)(1), EPA is 
removing the entry for ``Alfalfa'' at 15 ppm. Tolerances are 
established for the appropriate commodities ``Alfalfa, forage'' at 15 
ppm and ``Alfalfa, hay'' at 15 ppm.
    7. In Sec.  180.213, in the table to paragraph (a)(1) EPA is making 
the following changes:
    i. EPA is removing the entry for ``Bermuda grass'' at 15 ppm. 
Tolerances are established for the appropriate commodities 
``Bermudagrass, forage'' at 15 ppm and ``Bermudagrass, hay'' at 15 ppm.
    ii. EPA is also removing the entry for ``Grass'' at 15 ppm. 
Tolerances are established for the appropriate commodities ``Grass, 
forage'' at 15 ppm and ``Grass, hay'' at 15 ppm.
    8. In Sec.  180.227, in the table to paragraph (a)(1), EPA is 
making the following changes:
    i. EPA is removing the entry for ``Corn, forage'' at 0.05 ppm. A 
tolerance is established for the appropriate commodity ``Corn, field, 
forage'' at 3.0 ppm.
    ii. EPA is also removing the entry for ``Corn, stover'' at 0.5 ppm. 
Tolerances are established for the appropriate commodities ``Corn, 
field, stover'' at 3.0 ppm and ``Corn, pop, stover'' at 3.0 ppm.
    9. In Sec.  180.253, in the table to paragraph (a), EPA is removing 
one of the two duplicate entries for ``Rye, forage.''
    10. In Sec.  180.324, in the table to paragraph (a)(1), EPA is 
removing one of the two duplicate entries for ``Corn, field, stover.''
    11. In Sec.  180.408, in the table to paragraph (a), EPA is 
removing one of the two duplicate entries for ``Peanut, hay;'' in the 
table to paragraph (d) EPA is removing one of two identical entries for 
``Oat, straw;'' and ``Wheat, straw.''
    12. In Sec.  180.462, the table to paragraph (a), EPA is removing 
the entry for ``Corn, forage''.
    13. In Sec.  180.484, the table to paragraph (a)(1), EPA is 
removing the entry for ``Goat, milk``; ``Hog, milk'' and ``Horse, 
milk'' at 0.05 ppm. A tolerance is established for the appropriate 
commodity ``Milk''at 0.05 ppm.

B. Why is this Technical Amendment Issued as a Final Rule?

    Section 553 of the Administrative Procedure Act (APA), 5 U.S.C. 
553(b)(B), provides that, when an agency for good cause finds that 
notice and public procedure are impracticable, unnecessary or contrary 
to the public interest, the agency may issue a rule without providing 
notice and an opportunity for public comment. EPA has determined that 
there is good cause for making today's technical

[[Page 35665]]

amendment final without prior proposal and opportunity for comment. A 
complete description of the types of changes that are being made has 
been provided above. EPA has determined that there is no need for 
public comment on such ministerial changes and thus that there is good 
cause under 5 U.S.C. 553(b)(B) for dispensing with public comment. 
While EPA believes that it has correctly identified all instances where 
these above-listed revisions need to be made, the Agency would 
appreciate readers notifying EPA of discrepancies, omissions, or 
technical problems by submitting them to the address or e-mail under 
FOR FURTHER INFORMATION CONTACT. These will be corrected in a future 
rule.

III. Statutory and Executive Order Reviews

    This final rule makes technical amendments to the Code of Federal 
Regulations which have no substantive impact on the underlying 
regulations, and it does not otherwise impose or amend any 
requirements. As such, the Office of Management and Budget (OMB) has 
determined that a technical amendment is not a ``significant regulatory 
action'' subject to review by OMB under Executive Order 12866, entitled 
Regulatory Planning and Review (58 FR 51735, October4, 1993). Because 
this final rule has been exempted from review under Executive Order 
12866 due to its lack of significance, this final rule is not subject 
to Executive Order 13211, Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use (66 FR 28355, 
May 22, 2001). This final rule does not contain any information 
collections subject to OMB approval under the Paperwork Reduction Act 
(PRA), 44 U.S.C. 3501 et seq., or impose any enforceable duty or 
contain any unfunded mandate as described under Title II of the 
Unfunded Mandates Reform Act of 1995 (UMRA) (Public Law 104-4). Nor 
does it require any special considerations under Executive Order 12898, 
entitled Federal Actions to Address Environmental Justice in Minority 
Populations and Low-Income Populations (59 FR 7629, February 16, 1994); 
or OMB review or any Agency action under Executive Order 13045, 
entitled Protection of Children from Environmental Health Risks and 
Safety Risks (62 FR 19885, April 23,1997). This action does not involve 
any technical standards that would require Agency consideration of 
voluntary consensus standards pursuant to section 12(d) of the National 
Technology Transfer and Advancement Act of 1995 (NTTAA), Public Law 
104-113, section 12(d)(15 U.S.C. 272 note). The Regulatory Flexibility 
Act (RFA) (5 U.S.C. 601et seq.) generally requires an agency to prepare 
a regulatory flexibility analysis of any rule subject to notice and 
comment rulemaking requirements under the Administrative Procedure Act 
or any other statute unless the agency certifies that the rule will not 
have a significant impact on a substantial number of small entities. 
Small entities include small businesses, small organizations, and small 
governmental organizations. After considering the economic impacts of 
today's final rule on small entities, I certify that this action will 
not have a significant economic impact on a substantial number of small 
entities. This action makes technical amendments to the Code of Federal 
Regulations which have no substantive impact on the underlying 
regulations. This technical amendment will not have any negative 
economic impact on any entities, including small entities. In addition, 
the Agency has determined that this action will not have a substantial 
direct effect on States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government, as specified 
in Executive Order 13132, entitled Federalism (64 FR 43255, August 10, 
1999). Executive Order 13132 requires EPA to develop an accountable 
process to ensure ``meaningful and timely input by State and local 
officials in the development of regulatory policies that have 
federalism implications.'' ``Policies that have federalism 
implications''is defined in the Executive Order to include regulations 
that have``substantial direct effects on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government.'' This final rule directly regulates growers, food 
processors, food handlers and food retailers, not States. This action 
does not alter the relationships or distribution of power and 
responsibilities established by Congress in the preemption provisions 
of section 408(n)(4) of the FFDCA. For these same reasons, the Agency 
has determined that this final rule does not have any ``tribal 
implications'' as described in Executive Order 13175, entitled 
Consultation and Coordination with Indian Tribal Governments (65 FR 
67249, November 6, 2000). Executive Order 13175, requires EPA to 
develop an accountable process to ensure ``meaningful and timely input 
by tribal officials in the development of regulatory policies that have 
tribal implications.'' ``Policies that have tribal implications'' 
isdefined in the Executive Order to include regulations that 
have``substantial direct effects on one or more Indian tribes, on the 
relationship between the Federal Government and the Indian tribes, or 
on the distribution of power and responsibilities between the Federal 
Government and Indian tribes.'' This final rule will not have 
substantial direct effects on tribal governments, on the relationship 
between the Federal Government and Indian tribes, or on the 
distribution of power and responsibilities between the Federal 
Government and Indian tribes, as specified in Executive Order 13175. 
Thus, Executive Order 13175 does not apply to this final rule.

IV. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this rule and other 
required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of this final rule in the Federal Register. This final 
rule is not a ``major rule'' as defined by 5 U.S.C. 804(2).

Lists of Subjects in 40 CFR Part 180

    Environmental protection, Administrative practice and procedure, 
Agricultural commodities, Pesticides and pest, Reporting and 
recordkeeping requirements.

    Dated: June 15, 2007.
Debra Edwards,
Director, Office of Pesticide Programs.

0
Therefore, 40 CFR chapter I, part 180 is amended as follows:

PART 180--[AMENDED]

0
1. The authority citation for part 180 continues to read as follows:

    Authority: 21 U.S.C. 321(q), 346a, and 371.


0
2. Part 180 is amended as follows:

------------------------------------------------------------------------
           In Section                 In paragraph     Remove the entry
------------------------------------------------------------------------
180.111                           (a)(1) table        Almonds, shells
------------------------------------------------------------------------

[[Page 35666]]

 
180.163                           (a) table           Hay, spearmint
------------------------------------------------------------------------
180.213                           (a)(1) table        Alfalfa
------------------------------------------------------------------------
180.213                           (a)(1) table        Bermuda grass
------------------------------------------------------------------------
180.213                           (a)(1) table        Grass
------------------------------------------------------------------------
180.227                           (a)(1) table        Corn, forage
------------------------------------------------------------------------
180.227                           (a)(1) table        Corn, stover
------------------------------------------------------------------------
180.462                           (a) table           Corn, forage
------------------------------------------------------------------------
180.484                           (a)(1) table        Goat, milk
------------------------------------------------------------------------
180.484                           (a)(1) table        Hog, milk
------------------------------------------------------------------------
180.484                           (a)(1) table        Horse, milk
------------------------------------------------------------------------

Sec.  180.106  [Amended]

0
3. In Sec.  180.106 the table to paragraph (a)(1), by removing one of 
the two entries for ``Rye, forage.''


Sec.  180.121  [Amended]

0
4. In Sec.  180.121, the table to paragraph (e), by removing one of the 
two entries for ``Peach.''


Sec.  180.220  [Amended]

0
5. In Sec.  180.220, the table to paragraph (a)(1), by removing one of 
the two entries for ``Wheat, straw.''


Sec.  180.253  [Amended]

0
6. In Sec.  180.253, the table to paragraph (a), by removing one of the 
two entries for ``Rye, forage.''


Sec.  180.324  [Amended]

0
7. In Sec.  180.324, the table to paragraph (a)(1), by removing one of 
the two entries for ``Corn, field, stover.''


Sec.  180.408  [Amended]

0
8. In Sec.  180.408, the table to paragraph (a), by removing one of the 
two entries for ``Peanut, hay;'' and in the table to paragraph (d) by 
removing one of the two entries for ``Oat, straw;'' and one of the two 
entries for ``Wheat, straw.''
[FR Doc. E7-12645 Filed 6-28-07; 8:45 a.m.]
BILLING CODE 6560-50-S